Refusal to Take a Blood/Urine/Breath Test
When you get your Utah driver's license, you give your implied consent to allow a police officer to test you for the presence of alcohol if they have probable cause to believe you are under the influence. With that implied consent, an officer that stops your vehicle and has probable cause may ask you to take a breath, blood and urine test.
One little known fact is that a driver is required to take all three tests if asked to do so by an officer. In other words, even if you submit to the breathalyzer test and a urine test, you can lose your license if you refuse to take a blood test. If you are facing a suspension of your driving privileges for refusal to test, contact an attorney at Stone & Law today.
Consequences of a Refusal to Test
It is not a crime to refuse to take a blood, urine or breath test. However, anyone who refuses to take any or all of the tests may be subject to an 18 month driver's license suspension for a first refusal. For a second refusal, you could lose your driver's license for 24 months.
DUI Charges
Even though it is not a crime to refuse a test, the officer may still arrest you for a DUI if they have probable cause to believe that you are intoxicated. To obtain probable cause, they may ask you to take a field sobriety test. You have no legal obligation to take a field sobriety test in the state of Utah. Refusal to take a field sobriety test (e.g. one leg stand, walk back and forth) will not result in a driver's license suspension.
Contact a Salt Lake City DUI/Test Refusal Attorney
If you have been arrested for DUI or you have been accused of a refusal to test, contact an attorney immediately. You only have 10 days to request a hearing or your license will be suspended.
The experienced criminal defense attorneys at Stone & Law can help if you are facing criminal charges or need an attorney to fight for your rights at a drivers' license hearing. We have handled hundreds of DUI cases and have extensive experience in building a defense based on implied consent and probable cause among other elements in test refusal and driver's license revocation hearings.
To schedule a free consultation with a DUI defense lawyer, contact our law office in Midvale, Utah. Call 801-352-9331, or contact us by e-mail.
